Summary
The United States District Court for the District of Kansas grants Timothy Murray’s motion for leave to file a surreply in an action alleging violations of the Fair Debt Collection Practices Act. The court finds that Defendant’s subsequently filed exhibits introduced material to which Plaintiff should have an opportunity to respond. The surreply is permitted under the circumstances, and the court will consider it in ruling on Defendant’s motion to compel arbitration.
Holdings
- Leave to file a surreply should be granted where the nonmoving party needs an opportunity to respond to new evidence or legal arguments submitted after its response, particularly when the court permitted the movant to file supporting materials after the response was filed.
Questions Presented
- Whether Plaintiff should be granted leave to file a surreply addressing exhibits Defendant filed after Plaintiff submitted his response to the motion to compel arbitration.
Disposition
other
Cases Cited (6)
- Cope v. Kan. State Bd. of Educ., 71 F. Supp. 3d 1233, 1238 (D. Kan. 2014)(followed)
- Taylor v. Sebelius, 350 F. Supp. 2d 888, 900 (D. Kan. 2004)(followed)
- Humphries v. Williams Nat. Gas Co., No. 96-4196-SAC, 1998 WL 982903, at *1 (D. Kan. Sept. 23, 1998)(followed)
- Green v. New Mexico, 420 F.3d 1189, 1196 (10th Cir. 2005)(followed)
- Beaird v. Seagate Tech., Inc., 145 F.3d 1159, 1164–65 (10th Cir. 1998)(followed)
- Doebele v. Sprint/United Mgmt. Co., 342 F.3d 1117, 1139 n. 13 (10th Cir. 2003)(followed)
Cited In (0)
No citing cases on record yet.
Court Document
Open PDFLoading document…